Effective 1st of April 2020
1.1 The sale of all LivingPantry Units (“Unit”) by LivingPantry Limited (“us”, “we”, “our”) to customers (“you”, “your”) and the provision of all services by us to you (“Services”) will be subject to these Specifications (“Specifications”) and our General Terms and Conditions of Trade (as available at https://livingpantry.co/ ) (“General Terms”). By ordering the Unit and/or being provided Services, you agree to these Specifications and the General Terms.
1.2 Subject to these Specifications and our General Terms, we warrant that the Unit will be of acceptable quality and free from material defects for a period of 12 months after delivery (“Warranty Period”). Any warranty claim in relation to the Unit must be made in the Warranty Period and must be accompanied by a copy of the original invoice.
1.3 As part of your purchase or lease of the Unit, you must also sign up to a subscription for our Services. Details of the Services provided, subscription plans, pricing, switching between plans and minimum terms (if any) are available from our website at https://livingpantry.co/ ) (“Website”).1.4 If it has been agreed by us that you will lease a Unit, the Services, these Specifications, and the General Terms will still apply mutatis mutandis subject to the following:(a) You must return the Unit to us at your cost at the end of the agreed period in the same condition that it was provided to you, fair wear and tear excepted;(b) As part of leasing the Unit, you must sign up to a subscription for our Services on the plan selected by you from our Website;(c) You will be responsible for the safekeeping of, and any damage to the Unit while it is your possession or control (fair wear and tear excepted), and must insure the Unit on terms agreed by us. You must not part with possession of the Unit and grant us a security interest in the Unit for the duration of the lease; and(d) Title of the Unit will remain with us, unless you choose to purchase the Unit and payment is received by us in cleared funds.
ASSUMPTIONS AND EXCLUSSIONS
1.5 Unless we have otherwise agreed, you acknowledge and agree that the Unit may only be used for residential purposes, that your use of the Unit must comply with all laws and that the Unit must be used in combination with our Services only. While we do our best to ensure your seedlings will grow and thrive, we can’t guarantee any particular yield.1.6 Your Unit must installed:(a) by our team or in accordance with our installation instructions and maintained either by our team or in accordance with our instructions;(b) outdoors and in a sunny location;(c) on level ground with available drainage (you acknowledge that water overflow from the Unit may be a normal part of operation);(d) free from interference, with a reasonable amount of space in an area that is not too narrow, traffic heavy or overly polluted; and(e) with access to a clean water source, safe and grounded electricity and wireless internet.1.7 In addition to any exclusions set out in our General Terms, you acknowledge and agree that to the maximum extent permitted by law our liability is excluded if:(a) you have not complied with these Specifications and any other instructions or directions we may provide to you, which may include information on the transport, storage, cleaning, handling, maintenance and use of the Unit;(b) you modify, repair, contaminate, reverse engineer, or change the Unit or attempt to do so;(c) the Unit fails to perform or is damaged by causes beyond our reasonable control, including exposure to water, cold or heat outside the Unit’s operating range, power spikes or outages, physical damage and misconfiguration of the Unit by you or a third party;(d) you do not provide us with notice within 14 days of the discovery of any alleged defect in the Unit;(e) the Unit is transferred by you to any other person.
2. EARLY ADOPTER TEAM
2.1 If you are part of the Early Adopter Team (the “EAT”), you acknowledge that the Unit supplied is a prototype, which is still subject to trial, testing and refinement. The Unit will not fail to comply with any warranty or guarantee by reason only of defects inherent in such a prototype and our liability is limited accordingly. To the maximum extent permitted by law, in consideration for being part of the EAT you will permit us to remedy and repair any defects in the Unit as these arise within the Warranty Period.2.2 If you are part of the EAT, you acknowledge and agree that for a period of up to 12 months:(a) you will allow us access to the Unit weekly (for check-ins, servicing, repairs and monitoring); and(b) you will allow us access to the Unit as required for the purposes of data collection and video monitoring.
2.3 If you are part of the EAT, you agree to us monitoring your Unit via camera and our collection, use, disclosure and publication of the data collected (including pictures and videos) for research and marketing purposes (other than any images with human subjects included).